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(영문) 대법원 2018.03.29 2018도1246

특정범죄가중처벌등에관한법률위반(절도)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Upon examining the reasoning in light of the record, the court below, based on its stated reasoning, found that the defendant was in a state of mental and physical weakness at the time of each crime of this case, and did not reach a state of mental and physical loss

It is justifiable to maintain the judgment of the first instance court as it is, and it does not err by misapprehending the legal principles as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below is erroneous in sentencing review is ultimately unfair.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.